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JUDICIAL APPEAL OF PROCUREMENT PROCEDURE
PRAVO GARANT experts successfully defended the interests of a large construction company in the case of invalidation and cancellation of the results of the tender, and the contract concluded on the basis of the conducted tender (bidding) in the amount of more than 18 million UAH.
In 2015, the Ministry of Defense of Ukraine put out tender for the purchase of housing in different regions of Ukraine.
The construction company was among the tender participants and, in the process of submission of bids, they presented the most economically advantageous competitive bid. Subsequently, an agreement was concluded between our client and the Ministry of Defense of Ukraine for the purchase of housing under the terms of share in capital.
However, in 2017, after the parties signed and fully executed the contractual obligations, the military attorney department initiated a lawsuit. The reason for which, in the latter’s opinion, was the non-compliance of the tender offer with the conditions of the approved tender documentation, resulting more than UAH 18 million. budget funds were spent illegally.
In the course of litigation, our experts proved the legitimacy of the tender commission decision and the legality of the contract concluded between the parties for the purchase of housing under the terms of share in capital, which was reflected in the court decisions.
In June 2018, the Supreme Court finally upheld the case, affirming the lawfulness of the contract and the legal position set out by PRAVO GARANT.
PRAVO GARANT team, led by senior partners Anastasiia Dobrochynska and Denis Chuhalov, worked on the development of the strategy and tactics of this case.
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